ENROLLED
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ACT No. 159
Regular Session, 2013
HOUSE BILL NO. 451
BY REPRESENTATIVES BARROW, BADON, BROSSETT, BROWN, CARTER,
HUNTER, KATRINA JACKSON, JAMES, JEFFERSON, JONES, NANCY
LANDRY, MORENO, PRICE, SMITH, ST. GERMAIN, ALFRED WILLIAMS,
AND WILLMOTT AND SENATORS BROOME AND MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 40:2022, relative to duties of licensed hospitals; to provide for2
legislative intent relative to the health of newborns; to require hospitals to offer the3
pertussis vaccine to parents of newborns; to provide for exceptions; to require4
provision of certain health care information under specified conditions; to provide5
for construction of provisions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:2022 is hereby amended and reenacted to read as follows: 8
ยง2022. Health care information; pertussis Pertussis; offer of vaccine required;9
exceptions10
A. The legislature hereby finds that it is in the best interest of the children11
born in this state that certain health care information be provided to parents of12
newborns concerning the pertussis disease and that hospitals offer the pertussis13
vaccine to parents of newborns in every instance practicable. Pertussis (whooping14
cough) is a very contagious disease caused by a type of bacteria called Bordetella15
pertussis and is one of the most commonly occurring vaccine-preventable diseases16
in the United States.17
B.(1) Except as provided in Subsection C of this Section, on On and after18
January 1, 2012, every 2014, each licensed hospital in the this state of Louisiana19
shall, prior to discharge, provide parents of newborns offer the pertussis vaccine to20
each parent of a newborn infant.21 ENROLLEDHB NO. 451
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(2) If a person who is offered the pertussis vaccine as required in Paragraph1
(1) of this Subsection wishes to be vaccinated, then the hospital shall administer the2
vaccine to the person.3
(3)(a) If a person who is offered the pertussis vaccine as required in4
Paragraph (1) of this Subsection declines the offer of the vaccine or indicates intent5
to defer vaccination, then the hospital shall provide to the person educational6
information provided issued by the Department of Health and Hospitals on the7
pertussis disease and the availability of a vaccine to protect against contracting the8
disease.9
(b) The Such information required by this Paragraph shall include, but not10
be limited to, information on the recommendation of the Centers for Disease Control11
and Prevention that parents receive the Tetanus Toxoid, Reduced Diphtheria Toxoid12
and Acellular Pertussis Vaccine Adsorbed (Tdap) vaccination during the postpartum13
period to help protect their newborns from the transmission of pertussis.14
C. A hospital shall not be required to offer the vaccine as provided in15
Subsection A of this Section to any person who has already received the vaccine or16
for whom such vaccination is medically inappropriate.17
D. The Department of Health and Hospitals shall, by January 1, 2012, is18
hereby authorized to develop and disseminate to every each licensed hospital in the19
state information consistent with the provisions of this Section.20
D. Nothing in this Section shall require any hospital or the office of public21
health within the Department of Health and Hospital to provide or pay for any22
vaccination against pertussis.23 ENROLLEDHB NO. 451
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E. Nothing in this Section shall be construed to require any of the following:1
(1) Administration of the pertussis vaccine, contingent upon its availability,2
by a hospital if the hospital cannot be compensated for administration of the vaccine3
at the normal or prevailing rate that is at least equal to the product cost plus any4
administrative costs for delivering the immunization over and above the5
reimbursement level for inpatient care.6
(2) Provision of the pertussis vaccine to any person or health care provider7
by the Department of Health and Hospitals.8
(3) Financing of pertussis vaccine administration by the Department of9
Health and Hospitals through any program or service of the department other than10
one that may presently cover such vaccination.11
(4) Obligation for payment by a person or his insurer for pertussis12
vaccination.13
Section 2. This Act shall become effective upon signature by the14
governor or, if not signed by the governor, upon expiration of the time for bills to become15
law without signature by the governor, as provided by Article III, Section 18 of the16
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the17
legislature, this Act shall become effective on the day following such approval.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: